Dáil Éireann Debate, Thursday - 26 October 2017
27. Deputy Clare Daly asked the Minister for Housing, Planning and Local Government his views on the workability of the policy proposal in the strategy for the rental sector to move towards tenancies of indefinite duration in the absence of proposals to amend section 34 of the Residential Tenancies Acts to provide for security of tenure; and if he will make a statement on the matter. [45294/17]
Amharc ar fhreagraA number of measures have been introduced in recent years with the objective of moving towards tenancies of indefinite duration and improving security of tenure for tenants.
The Residential Tenancies (Amendment) Act 2015, enacted on 4 December 2015, provided that notice periods for the termination of further Part 4 tenancies, i.e. tenancies that extended beyond 4 years, be extended pro rata in line with the length of the tenancy, subject to caps of 224 days for termination by landlords and 112 days for terminations by tenants (previously 112 days for landlords and 56 days for tenants).
The Strategy for the Rental Sector, published in December 2016, recognises rapidly increasing rent prices as the most significant challenge to security of tenure in the rental sector at present. Where tenants cannot afford their rents, their tenancies are not secure and evictions for non-payment of rent may ensue.
To address this, the Government introduced the Rent Predictability Measure, which was provided for through the Planning and Development (Housing) and Residential Tenancies Act 2016, introducing the concept of Rent Pressure Zones (RPZs) to moderate the rate of rent increases in those areas of the country where rents are highest and rising quickly.
The 2016 Act also gave effect to other actions to address tenants’ security, including:
- The abolition of a landlord’s right, during the first 6 months of a further Part 4 tenancy, to end that tenancy for no stated ground; and
- The extension of the term of Part 4 tenancies from 4 to 6 years.
The so-called ‘Tyrrelstown amendment', included in the 2016 Act, already limits the ability of landlords to use the grounds of sale to terminate tenancies, provided for in section 34 of the Residential Tenancies Act. Where a landlord proposes to sell 10 or more units within a single development at the same time, that sale will now be subject to the existing tenants remaining in situ, other than in exceptional circumstances.
I have recently announced a series of further measures in relation to the rental sector, including a two- year change plan to develop and strengthen the role of the RTB as a pro-active regulator for the sector. One of the first measures will be for the RTB to provide clear guidance, for both landlords and tenants, on what constitutes the "substantial" refurbishment or renovation which can be cited as a section 34 ground for termination of a tenancy. More generally, the RTB will be given enhanced powers to ensure that section 34 grounds are properly used and that the statutory obligations on landlords who use them are fully met.
